New Delhi: The Supreme Court urged the Central Government to consider extending the tenure of existing tribunal members until fresh appointments are completed.
The Court expressed concern that tribunals across the country should not become non-functional due to vacancies. The observations were made during a hearing related to vacancies in various tribunals under the recently enacted Tribunal Reforms Act, 2026.
The Court emphasized the need for continuity in the functioning of tribunals and sought assurance from the Centre that necessary steps would be taken to avoid disruptions.
Supreme Court Raises Concern Over Tribunal Appointments
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana heard the matter on Tuesday.
The case involved concerns regarding vacancies in tribunals and their impact on the delivery of justice. During the hearing, the Court was informed about the imminent retirement of the Presiding Member of the Debt Recovery Appellate Tribunal (DRAT), Kolkata Bench. The issue was raised through an application filed by the DRAT Calcutta Bar Association seeking urgent intervention.
Centre Says Appointment Process Has Already Started
Attorney General for India R. Venkataramani, appearing for the Central Government, informed the Court that the process of filling vacancies had already been initiated.
He submitted that necessary steps were underway and suggested that interim applications concerning vacancies may not be required once the appointment process progresses further. However, the Court remained concerned about the possibility of tribunals becoming ineffective during the transition period.
CJI Surya Kant Suggests Temporary Extension
Chief Justice Surya Kant asked the Centre whether it could consider extending the current ad hoc arrangement for a short period.
The Chief Justice suggested that an extension of one month or slightly longer could help maintain continuity in tribunal operations until new appointments are finalized.
Court Clarifies Nature Of Extension
The Court made it clear that any extension would only be a temporary or stop-gap arrangement. According to the Bench, such an extension would not create any permanent rights for the existing members and would only ensure uninterrupted functioning of tribunals. The judges stressed that the objective was to prevent administrative and judicial disruption.
Supreme Court Seeks Definite Assurance From Centre
During the hearing, Chief Justice Surya Kant sought a clear commitment from the Central Government regarding the appointment timeline.
The Bench observed that if the petitions were disposed of and fresh appointments were not made within a reasonable period, similar litigation could arise again. The Court therefore requested a definite assurance that the vacancies would be filled promptly.
Attorney General Requests Additional Time
Responding to the Court’s observations, the Attorney General stated that the Centre would examine the suggestion regarding extension of tenure. He also requested that the matter be taken up later so that he could obtain further instructions from the government and provide a detailed response. The Court agreed to continue hearing the matter after receiving the Centre’s position.
Why The Tribunal Appointments Issue Is Important
Tribunals play an important role in resolving specialized disputes related to taxation, company law, debt recovery, environmental matters, and administrative issues.
If vacancies remain unfilled, litigants may face delays, and the functioning of these bodies can be significantly affected. The Supreme Court’s observations highlight the importance of maintaining continuity in quasi-judicial institutions while the appointment process is underway.
Tribunal Appointments Issue: Previous Directions By The Supreme Court
The Supreme Court has repeatedly expressed concern over delays in tribunal appointments. Last week, the Court extended the tenure of three National Green Tribunal (NGT) members to ensure that tribunal benches continued functioning without interruption.
Earlier, the Court had also extended the tenure of certain tribunal members until September 8, 2026, due to pending appointments. These directions reflect the judiciary’s continued focus on preventing vacancies from affecting access to justice.
Read also: Who Will Regulate AI Deepfakes? Supreme Court Takes Up Crucial National Debate
FAQs
The Tribunal Reforms Act, 2026 is a law that governs the structure, appointments, and functioning of tribunals across India and provides the framework for filling tribunal vacancies.
The Supreme Court suggested a temporary extension to ensure tribunals continue functioning smoothly until fresh appointments are completed and vacancies are filled.
Unfilled vacancies can delay hearings, increase case backlogs, and affect the functioning of tribunals that handle specialized legal disputes.
